A man who video-recorded himself having sex with a 14-year-old girl received a 34-month jail sentence Jan. 10 in Nanaimo provincial court.
John Adam James Landry, 31, pleaded guilty to sexual assault, possession of child pornography and taking a person under 16 without lawful authority, against the will of their guardian in Parksville in 2017. The girl’s identity is protected under a publication ban.
Judge Ronald Lamperson said the offences were “serious” and handed down the 34-month sentence, but Landry, in jail since May 15, 2017, will receive credit for 30 months. He will serve an additional 80 days and will receive statutory release, serving the last third of his sentence in the community, according to Nick Barber, Crown counsel.
Barber sought 36 months, while James Wright, Landry’s legal counsel, sought 30 months.
At sentencing, it was revealed that Landry met the girl in Parksville and both were drug users. In a pre-sentence report, Landry said during their relationship they smoked marijuana and methamphetamine. He saw her as a little sister and wanted to help her, the report said.
Lamperson said Landry was a tenant at a Parksville residence with two other people and the girl often stayed there as well. The two believed that Landry was in a sexual relationship with the girl and understood she was underage. One of the men contacted Oceanside RCMP in early May 2017 and police attended the residence. Police were provided with video showing the two having sex, Lamperson said, and Landry provided the girl with drugs, possibly methamphetamine and cocaine. Landry was arrested and released with conditions, but violated the conditions when he was found with the girl again, leading to arrest and incarceration.
Wright argued that Landry was “wilfully blind” to the fact the girl was underage, as she had told Landry she was older. Barber disagreed, stating that Landry had been informed of her age by the other residents of the house, the girl’s guardian and RCMP. While the girl may have indicated she agreed to the video recording as well as the sexual activity, Lamperson said he didn’t hold any weight on that.
The pre-sentence report stated that Landry is of aboriginal heritage and although he had a nurturing stepfather, had a hard upbringing early in life. His biological father was abusive and violent. He began using alcohol and marijuana at age 16 and by 19 was using methamphetamine daily.
In addition to jail time, Landry will be on probation for two years with a number of conditions once he is released. He will be forbidden from being at public parks, swimming pools, community centres, daycare centres, schools or playgrounds or anywhere where people under the age of 16 could be present, unless he has written permission by a probation officer.
Landry may not have contact, or be alone in the presence of, anyone who is or appears to be under the age of 16, unless written permission is given by a probation officer, or is in the presence of an adult who is apprised of his history.
He must not contact the girl and will be registered for life on the National Sex Offender Registry.